Frisch v. Grife et al

Filing 1

COMPLAINT against Idan Grife, Louise Kahn, Syvan Meller. (Filing Fee $ 350.00, Receipt Number 1014243)Document filed by Bertrand Frisch. (Attachments: # 1 Exhibit, # 2 Exhibit)(rdz) Modified on 8/17/2011 (rdz).

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JUDGE PATTERSON UNI~'ED STATES DISTRICT COURT SOU~l'HERN DISTRICT OF NEW YORK BER'2['RANORISCH, F Lov,el~cat Music x doing business as 5 Index #----- Plaintiff, -againstIDAU GRIFE p/k/a "Bruno Grife", KAHlir and SYVAN MELLER LOUISE Defendants. x COMPLAINT Plaintiff, Bertrand by :_ts attorney, Frisch, doing business seeks a declaratory to t.he non-infringement judgment of Defendants' as from this Court as copyright, and alleges as follows: NATURE 1. judqement This is an action for non-infringement Act of 1976, 17 U.S.C. by defendants' license entered § wrongful entered copyright OF THE ACTION of copyright ref~sal against into an agreement license under the Copyright 101 et seg. (the "Copyright Act") caused to abide by a non-exclusive into with Plaintiff infringement non-exclusive for, inter alia, declaratory and, now, threatening a third party with whom Plaintiff pursuant to the terms of its with Defendants. THE PARTIES 2. Lovecat business NY Music, Plaintiff, Bertrand is a resident offices (hereinafter, located Frisch, doing business of the State of New York with his at 142 West End Avenue "Plaintiff"). as (23W), New York, 3. Upon information Grife p/k/a "Bruno Grife", individual songwriters Louise with Plaintiff business at 17 Nordau Street, This action jurisdiction 1338(a) performers are who entered into a Tel Aviv, 63112, Israel "Defendants"). 4. §§ Idan in New York, and reside and conduct JURISDICTION Court's Defendants, Kahn and Syvan Meller, and musical contract (hereinafter and belief, and (b), in that the action relating Judgment Act, 29 D.S.C. to copyrights, Venue the provisions arises under the Copyright is based upon 28 U.S.C. Congress 5. AND VENUE §§ § Act. This 1331 and 28 D.S.C. arises under Acts of and under the Declaratory 2201 and 2202. is proper of 28 D.S.C. in this District §§ Court pursuant to 1391(d). FACTS GIVING RISE TO THIS ACTION 6. Over a period July 2011, Defendants and entered came to agreement into a non-exclusive with respect to Defendants' compositions entitled 7. Defendants contract contract with Plaintiff and musical and "Girl On The Run". made an offer to contract to Plaintiff) to Defendants from May through on terms with Plaintiff sound recordings which was accepted enforceable license "Ballroom" Plaintiff correspondence Plaintiff of time extending by Defendants (via written and consideration confirming 2 between email was paid by the contract. was established with A valid and the parties thereto. 8. exclusive The contract, license and musical with respect composit~ons, a non-exclusive use of the two fifty confirmed the terms of the contract the contract 10. $2,500.00 11. $2,500.00 Plaintiff to that Plaintiff of the amounts paid to Defendants return confirming retained of consideration that Plaintiff to Defendants document confirming in the amount of it on behalf of for the contract. as well as the contract which In reliance entered and did not return the Defendants the non-exclusive and Plaintiff's company the written Idan Grife who received by Plaintiff, 12. but insisted that they partners. payment Defendants to Plaintiff sent a wire transfer cer1:ain email communications movie with respect terms to Plaintiff. to Defendant his Defendant Plaintiff to enter into of $1,200 per song as consideration they signed and returned contract Plaintiff with third parties (50%) percent a non- (2) sound recordings (2) songs in one film and provided Defendants make a payment before Plaintiff for use of the songs. 9. accepted to the two and authorized sub-license would pay Defendants Plaintiff inter alia, granted license, on Defendants' payment Pictures, set up by New Line Productions, Inc. 3 of sent to to sign and are attached acceptance of the requested into a non-exclusive Class Action promised Copies as of the consideration, sub-license agreement Inc., the production ("Class Action with entity Pictures") for use of the two (2) songs in the motion "Final Destination 5". 13. Plaintiff Defendants now seek to rescind and are threatening unauthorized threats uncertainty for Class Action credibility and busi~ess monetary entitled the contract to sue Class Action Pictures with for use of the songs in the film "Final Destination Defendants' damages picture against Class Action Pictures, reputation to Class Action damage Class Action Pictures, to Plaintiff Pictures 5". have created are damaging Plaintiff's and may also cause monetary which may, in turn, cause who would be required to indemnify Pictures. STATEMENT OF CLAIMS Fiz·:~t Count (Deic~1aratory Judgment 14. allegations of Non-Infringement Plaintiff repeats in paragraphs of Copyright) and real leges each of the 1 through 13 above as if fully set f o rt.h herein. 15. By reason of the foregoing, that there is a valid and enforceable and that the Plaintiff compositions Pictures validly to Class Action has not infringed 16. Defendants barqain Defendants, with Plaintiff, and seek additional contract sub-licensed Pictures now contend Pictures having compensation with Defendants, of Defendants. there is no contract and is a copyright the benefit to disregard of the the contract by the way of damages 4 and the and that Class Action received now threaten contends the masters upon the copyrights that the use by Class Action infringement. Plaintiff from Warner Brothers, authorized the third party with whom Plaintiff, by Defendants, entered into a sub-license as pursuant to the contract. 17. between There is an actual, the parties arising Class Action and there is an actual The uncertainty Pcitures controversy from otherwise 18. conducting 19. this proceeding, with the contract and enable between its ongoing business out of the aforesaid. their business activities. to a judicial Plaintiff Plaintiff declaration copyrights. judgment and controversy by this Court giving to proceed with Class Action Pictures rise to in accordance and Defendants, and conduct with reasonable of its rights. Sec::,ond Count (TQ~tiousInterference With Contract wii~;b. Prospective Economic Advantage) 20. allegation and insecure, and Class Action Defendants' the uncertainty and Plaintiff The entry of a declaratory will terminate certainty arising is entitled tha~ it has not infringed Defendants, are uncertain to prevent Plaintiff Act. The rights, of Plaintiff, Pictures, threatens controversy under the Copyright status, and other legal relations third party, justiciable Plaintiff contained repeats and and realleges in paragraphs each and every 1 to 19 hereof as if fully set forth herein. 21. entered Defendants had knowledge into a sub-license recordings and compositions that Plaintiff with Class Action on their behalf 5 Pictures pursuant had for the to the

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